Make sure you have written authority from your broker before making disclosures.

Outline for how we’ll approach this topic

• Opening story: disclosures aren’t something you wing; they’re governed by who signs off.

• What counts as disclosures and who actually authorizes them.

• Why the tempting options (seller’s approval, confidentiality agreements, buyer’s consent) aren’t enough on their own.

• The right answer: written authority from the broker, and why that formal permission matters.

• How Alabama rules shape this: agency roles, fiduciary duties, and supervision by AREC.

• Practical steps you can take: getting it in writing, keeping records, and what to do in common scenarios.

• Real-world examples and consequences of skipping proper authorization.

• Quick takeaways and resources you can reference when you need them.

Disclosures aren’t a handshake and a wink

Let me explain something simple: in real estate, disclosures are more than “letting someone know.” They’re communications that can affect decisions, risk, and trust. Because disclosures can touch confidential details, they must be made under clear authorization. In Alabama, that authorization isn’t something you improvise on the fly. It’s a formal nod that comes from the broker you work for—written, specific, and within the scope of your agency agreement. This is how you protect clients, stay aligned with the rules, and keep your own license in good standing.

What exactly counts as disclosures—and who signs off

Disclosures cover a range of information: known defects, material facts that could impact value, the status of offers, or pending negotiations that your client has authorized you to share. They’re not just about telling a buyer what’s wrong with a property; they’re also about how and to whom that information is communicated. Because these messages can have real consequences, the authority to disclose should come from a supervisor who can ensure accuracy, fair treatment, and compliance with all applicable laws.

Why the common-sense options aren’t enough by themselves

A quick peek at the tempting choices helps illustrate why written broker authority is the right answer:

• A. the seller’s approval: Yes, sellers can direct what information is shared, but their approval alone doesn’t grant the licensee permission to disclose on the broker’s behalf or manage how those disclosures flow through the transaction. It’s a piece of the puzzle, but it doesn’t replace the need for broker-level authority and oversight.

• B. confidentiality agreements: These matter a lot. They govern what stays confidential and what can be revealed. But a confidentiality agreement doesn’t give a licensee the green light to disclose in general. It sets the rules for specific information; it doesn’t authorize the licensee to act as the broker’s agent in every disclosure scenario.

• D. the buyer’s consent to communicate: Communicating with the buyer is important, sure, but consent to talk isn’t the same as authorization to disclose on behalf of the brokerage. You still need that formal written permission from your broker to act within the brokerage’s framework and to ensure disclosures meet professional and legal standards.

The right answer and why it matters

C. written authority from their broker. This is the formal permission that ties together the agency agreement, the broker’s supervision, and the licensee’s duties. Written authority makes it clear what you can disclose, to whom, and under what circumstances. It protects the client’s confidential information until the broker chooses to release it and it protects you from claims that you overstepped. It also helps ensure all disclosures align with regulatory expectations, ethical norms, and the broker’s policy.

Putting it in plain English: the broker’s written authority is the gatekeeper

Think of it as a gatekeeper for disclosures. The broker signs off, you have a defined scope, and a trail exists showing who authorized what and when. That trail is crucial if questions or disputes ever arise. It also helps your team stay consistent—one source of truth about what can be shared, in what form, and to which parties. In practice, this means you’re not guessing, you’re following a documented plan, and you’re more likely to avoid miscommunications that can slow the deal or damage trust.

Alabama context: why the broker’s role matters here

Alabama Real Estate Commission (AREC) emphasizes fiduciary duties and professional responsibility. Licensees owe client-focused duties—loyalty, obedience, disclosure, accounting, and reasonable care. When it comes to disclosures, those duties are met not by a vague intention but by clear, documented authority that comes from the broker. The broker, in turn, is responsible for supervising disclosures and ensuring they’re consistent with the agency agreement and Alabama law. In reciprocal situations—where agents from different offices or even different states are involved—the need for a clear, documented line of authority becomes even more vital. It’s how you preserve integrity across the deal and across desks.

A practical how-to: getting and using written authority

Here’s a simple, workable approach you can adopt without getting bogged down in bureaucracy:

• Secure written authority as part of your agency agreement or as a separate addendum. This should specify:

• who can disclose (you and possibly designated team members),

• what information can be disclosed (material facts, known defects, etc.),

• to whom disclosures can be made (buyers, sellers, other licensees, the MLS, attorneys, etc.),

• the timing and manner of disclosures (verbal vs. written, delivery method).

• Keep a copy in the client file and in the broker’s file. If your brokerage uses a document management system, store the authority there with easy audit access.

• Confirm the scope before you disclose. A quick check-in with your broker or a written note within the file can save headaches later.

• Document every disclosure decision: what was shared, when, and with whom. It’s not about piling on paper; it’s about building a trustworthy record.

• If the scope changes, obtain updated written authority. Treat updates like amendments to a contract—clear, dated, and signed.

Real-world feel: when authority saves the day

Picture this: you’re handling a listing with multiple offers. A buyer asks for disclosures about a known issue that isn’t fully documented yet. With written authority on file, you can transparently share pertinent information with the buyer’s agent, while still guarding confidential details as directed by the seller and your broker. The flow is smooth, the risk is reduced, and the client sees you’re on top of it. Without that authority, you risk stepping outside the broker’s policy or, worse, exposing confidential information before it’s appropriate. That’s a chapter you don’t want to write.

A few quick checks to keep you confident

• Do I have written broker authorization for disclosures in this situation? If not, pause and get it in writing.

• Is the information I’m sharing appropriate for the recipient, and does it respect confidentiality terms?

• Have I documented all communications and updated authority when the scope changed?

• Am I following the broker’s policies and AREC rules about disclosures and agency duties?

What this means for your day-to-day

Disclosures aren’t a one-and-done moment; they’re part of a larger, living process of communication, trust, and compliance. The right framework—written authority from the broker—helps you navigate this with clarity and confidence. You’re not guessing what’s allowed; you’re following a documented plan that keeps clients informed, protects sensitive information, and preserves the integrity of the transaction from first contact to closing.

A final word on the habit you want to build

Make written authority a default step in your workflow. Treat it like a safety net and a guide, not a hurdle. When you know exactly what you can disclose, to whom, and when, you’re more likely to have candid conversations, fewer surprises, and a smoother path to a successful outcome for everyone involved.

Quick takeaways

• The correct answer is: written authority from their broker.

• This authority defines the scope, protects confidentiality, and ensures regulatory compliance.

• A seller’s approval or confidentiality agreements aren’t substitutes for broker-level authorization.

• In Alabama, AREC rules and fiduciary duties underline the need for clear, documented authorization.

• Build a simple process: obtain written authority, document disclosures, and keep everything organized in the files.

If you’d like, I can tailor a short, ready-to-use template for your broker’s disclosure authorization, or walk through a few sample scenarios to show how the process looks in practice. The more you normalize this, the more natural it becomes to handle disclosures with both care and confidence.